BILL REQ. #: S-4828.1
| State of Washington | 60th Legislature | 2008 Regular Session |
READ FIRST TIME 02/04/08.
AN ACT Relating to placement of children in out-of-home care; amending RCW 74.15.040; and adding a new section to chapter 26.44 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 26.44 RCW
to read as follows:
(1) During an emergency situation when a child must be placed in
out-of-home care due to the absence of appropriate parents or
custodians, the department shall request a federal name-based criminal
history record check of each adult residing in the home of the
potential placement resource. Upon receipt of the results of the name-based check, the department shall provide a complete set of each adult
resident's fingerprints to the Washington state patrol for submission
to the federal bureau of investigation within fourteen calendar days
from the date the name search was conducted. The child shall be
removed from the home immediately if any adult resident fails to
provide fingerprints and written permission to perform a federal
criminal history record check when requested.
(2) When placement of a child in a home is denied as a result of a
name-based criminal history record check of a resident, and the
resident contests that denial, the resident shall, within fifteen
calendar days, submit to the department a complete set of the
resident's fingerprints with written permission allowing the department
to forward the fingerprints to the Washington state patrol for
submission to the federal bureau of investigation.
(3) The Washington state patrol and the federal bureau of
investigation may each charge a reasonable fee for processing a
fingerprint-based criminal history record check.
(4) As used in this section, "emergency placement" refers to those
limited instances when the department is placing a child in the home of
private individuals, including neighbors, friends, or relatives, as a
result of a sudden unavailability of the child's primary caretaker.
Sec. 2 RCW 74.15.040 and 1982 c 118 s 7 are each amended to read
as follows:
An agency seeking to accept and serve children, developmentally
disabled persons, or expectant mothers as a foster-family home shall
make application for license in such form and substance as required by
the department. The department shall maintain a list of applicants
through which placement may be undertaken. However, agencies and the
department shall not place a child, developmentally disabled person, or
expectant mother in a home until the home is licensed. The department
shall confirm that an applicant is a United States citizen or an
eligible noncitizen. A noncitizen is eligible if he or she has legal
permission to be in the United States. Citizenship or eligibility
status may be confirmed through verification of the applicant's social
security number. Foster-family homes shall be inspected prior to
licensure, except that inspection by the department is not required if
the foster-family home is under the supervision of a licensed agency
upon certification to the department by the licensed agency that such
homes meet the requirements for foster homes as adopted pursuant to
chapter 74.15 RCW and RCW 74.13.031.